Question: Our special resolution ballot on roof repairs closed and was declared, but one committee member now wants to chase up the missing vote. Should the result stand?
We are an owners corporation of 8 units, and I’m 1 of the 3 committee members. The existing roof has been leaking over the past year despite minor repairs, and it requires major repairs. We obtained two quotes with a significant price difference. One was for full repair work and the other for a paint-on membrane. All committee members decided that, due to the high cost, this should be sent to all owners as a special resolution ballot to decide which quote to proceed with. The ballot closed in June, and the result were declared by the owners corporation manager a few days later via email. Of the 8 units, 4 voted for full repair and 3 for the paint on option, with 1 unit not voting.
One of the other committee members, who prefers the paint on option, is now requesting to contact the owner who did not vote and ask them to submit a vote.
Given the ballot has closed and been declared, shouldn’t this result stand? The owners corporation manager is suggesting that, as this was an informal ballot, the committee can allow additional time. Is this correct?
Answer: Once a compliant ballot closes, it cannot be reopened, only rerun.
There is no such thing as an informal ballot. Either the ballot complies with the requirements set out under the Owners Corporations Act 2006, or it does not. If it does not comply, then before the owners corporation takes any action, a formal resolution must be passed.
If the ballot was a ballot conducted under the Act, then the owners corporation can’t reopen the ballot after it has closed. A new vote will be required if the parties entitled to convene a ballot decide to do so.
This post appears in the September 2026 edition of The VIC Strata Magazine.
Phillip Leaman
Tisher Liner FC Law
E: ocenquiry@tlfc.com.au
P: 03 8600 9370
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